EFTA00234474.pdf

KIRKLAND & ELLIS LLP AM, .m..1..00. refl... loam Jay P LeMcwatz. P C To 101W HIPIInI1041ty Ittlkowdzy.014,004041COni VIA FACSIMILE 061111204777 C14001.0 C"nief 1S3 ka -A• StMel New Wei NAM York 10022 4011 A. Marie Villalana United States Attorney's Office Southern District of Florida 500 South Australian Avenue. Suite 400 West Palm Beach, Florida 33401 Dear Marie: (PS?) 44h.4Afill woow knk13fA r4.40 Atigusl I X. 200X Re: Jeffrey Epstein Faca4004: I write in response to your letter dated August IS. 2008 regarding the civil restitution portion of the Deferred Prosecution A13%33Z1t311 (the "Agreement- ). Thank you for confirming our piiiiiion that the Deceillher niMification proposal is not part of the Agreement. As expressed by U.S. Attorney Acosta in his December 19.2007 letter, the unorthodox use of a civil restitution 'statute in a federal plea agreement. which resulted in static charges against Mr. Epstein. has caused several miscommunications with respect to the implementation of the terms of that Agreement. In order to avoid any further miscommunications and to ensure that the 18 U.S.C. * 2255 aspects of the Agrwment are carried out in a proper manner. it would he useful to come to an agreement as w the implementation of the civil restitution portion of the Agreement. As we have previously stated. Mr. Epstein fully intends to abide by the terms of the Agreement. and we hope you appreciate that our efforts to resolve any misunderstausbnipi between Mr. Epstein and the government about the terms of the Agreement am intended only to ensure that it is carried out fully and fairly. In an ellbn to avoid having either party unintentionally breach the Agreement. we suggest that steps be taken to clarify the meaning of paragraphs 7-10. It would he extremely helpful to both sides to have an independent third party consider the Agreement and offer the Final word on how certain clauses should he interpreted and satisfied. Because the government has already enlisted Judge to select the attorney representative under the Agreement. we would he amenable to his serving in this role. In order to come to an agreement on the exact procedure by which the identified individuads will obtain restitution. I ant providing you with our thoughts on three issues below. Hong Kong LonOon Lac Angdes Mundt San Francisco Washings'''. D.C. EFTA00234474 KIRKLAND & ELLIS LLP A. Marie Villafana August IS. 2008 Page 2 Once we come to an agreement on the following and you provide a complete and final list of identified individuals. it will he appropriate to notify them. Pint. I am concerned by your suggestion that you might wain to increase the number of individuals on the government's list. I had expected the number to have become smaller. because when we spoke prior to signing the agreement you told me that the government already had a list. and we were informed thereafter that the September 24. 2007 list hod been narrowed. (*mainly. anyone who was not on the list prior to September 24. 2007 cannot permissibly he added to the list. Second. we will cooperate with the government to reach to an agreement as to substance of the notification to be sent to the government's list of individuals. Based on the Agreement. the information contained in the notification should he limited to (I ) the language provided in the Agreement dealing with civil restitution (paragraphs 7-10) and (2) the contact intimation of the selected attorney representative. We object to the inclusion of additional infonnation about the investigation of Mr. Epstein, the tem: of tlx: Agreement other than paragraphs 7-10. and the identity anther identified individuals. Third, as you are aware, the Addendum requires that - the parties will jointly prepare a short written submission to the independent third-ratty regarding the rote of the attorney representative and regarding 1.•pstetin's Agreement to pay such attorney representative his or her customary hourly rate for representing such victims subject to the provisions of Paragraph C. infra.- We will certainly cooperate with the government to draft such a joint submission and would he pleased to submit draft language to you for such a joint submission. I look forward to working with you to resolve these matters. I believe we have a mutual interest in moving pact all of these issues so that the civil restitution aspects of the Agreement can be fulfilled. Sincerely. otel kelkowit/ cc: Karen Atkinson. Chief. Northern Division EFTA00234475 KIRKLAND & ELLIS LLP Fax Transmittal Cstigroup Center 153 East 53rd Street New York, New e-4611 10022-4611 Phone Fax Please notify us immediately if sny pages are not received. THE INFORMATION CONTAINED IN THIS COMMUNICATION IS CONFIDENTIAL. MAY BE ATTORNEY-CLIENT PRIVILEGED. MAY CONSTITUTE INSIDE INFORMATION. AND IS INTENDED ONLY FOR THE USE OF THE ADDRESSEE. UNAUTHORIZED USE. DISCLOSURE OR COPYING IS STRICTLY PROHIBITED AND MAY BE UNLAWFUL IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY AT: To: Company: Fax U: Direct 1$: A. Marie Villafana t Inited States Attorney's Office 561-820-8777 561-209.1047 CC: Company: Fax L Direct •: Karen Atkinson United States Attorney's Office 561.820-X777 From: Date: Pagainwtover Fax 0: Direct H: Jay P. Lelkowitz August 1 S. 2008 3 Message: EFTA00234476